Uganda Case Law

CFAO Motors Uganda Limited & 7 Others v The Public Procurement & Disposal of Public Assets Authority & 2 Others

CFAO Motors Uganda Limited & 7 Others v The Public Procurement & Disposal of Public Assets Authority & 2 Others (Miscellaneous Application 205 of 2024) [2024] UGHCCD 83 (17 May 2024)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application 205 of 2024

Judge

Musa Ssekaana, J

The court held that the applicants failed to demonstrate the exceptional and special circumstances required for the grant of a mandatory injunction at the interlocutory stage. The issuance of Circular No. 7 of 2023 by the 1st respondent was within its statutory mandate under the PPDA Act, and the applicants' allegations of illegality, irrationality, and procedural impropriety are matters for determination in the main judicial review application. Granting a mandatory injunction at this stage would risk preempting the main cause, disrupt ongoing government contracts, and adversely affect third…

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• Judicial Review
• Mandatory Injunctions
• Public Procurement
• Statutory Powers
• Interlocutory Relief

Nile Breweries Limited v Sebuggwawo

Nile Breweries Limited v Sebuggwawo (Miscellaneous Application 252 of 2024) [2024] UGCommC 64 (18 March 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 252 of 2024

Judge

Mutesi, J

The court found that the applicant established an extremely strong prima facie case of breach of confidentiality and unauthorised disclosure of trade secrets, supported by affidavit evidence and annexed emails. The respondent's conduct in transferring sensitive business information to his personal email and joining a competitor immediately after resignation created a real risk of destruction of evidence. The court held that all three pre-conditions for the grant of an Anton Pillar Order were satisfied: a strong prima facie case, serious potential damage to the applicant, and clear evidence of…

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• Breach Of Confidentiality
• Trade Secrets Protection
• Anton Piller Orders
• Employment Contracts
• Unauthorised Disclosure
• Interlocutory Relief

Ask Without Shame Limited v Nabembezi

Ask Without Shame Limited v Nabembezi (Civil Miscellaneous Application No. 153 of 2020) [2021] UGHCCD 32 (21 May 2021)

Court

HC: Civil Division (Uganda)

Case number

Civil Miscellaneous Application No. 153 of 2020

Judge

Boniface Wamala, J

The High Court refused an interlocutory mandatory injunction requiring the respondent to deposit withdrawn company funds, holding it would effectively grant the main claim.

• Mandatory Injunction
• Status Quo Restoration
• Director Duties
• Interlocutory Relief
• Mandatory-injunction
• Status-quo

Zenagalia v Sari Consult Limited and Others (Labour Dispute Miscellaneous Application 91 of 2020)

Zenagalia v Sari Consult Limited and Others (Labour Dispute Miscellaneous Application 91 of 2020) [2021] UGIC 112 (5 March 2021)

Court

Industrial Court of Uganda

Case number

Labour Dispute Miscellaneous Application 91 of 2020

Judge

Ruhinda-Ntengye, J, Tumusiime-Mugisha, J, Namara, Panel Member, Matovu, Panel Member, Nabirye, Panel Member

The Industrial Court granted security for a possible decree, finding the respondent had not shown adequate assets in Uganda to satisfy judgment in the labour dispute.

• Security For Judgment
• Attachment Before Judgment
• Foreign Company Assets
• Jurisdiction Of Court
• Interlocutory Relief
• Security-for-judgment

Zenagalia v Sari Consulting Limited and 2 Others

Zenagalia v Sari Consulting Limited and 2 Others (Criminal Miscellaneous Application No. 91 of 2020) [2021] UGIC 32 (3 March 2021)

Court

Industrial Court of Uganda

Case number

Criminal Miscellaneous Application No. 91 of 2020

Judge

Namara, Panel Member, Nabirye, Panel Member, Matovu, Panel Member, Ruhinda-Ntengye, J, Tumusiime-Mugisha, J

The Industrial Court granted security for a potential decree, finding the respondent had not shown sufficient assets in Uganda and ordered a UGX 500 million bank guarantee.

• Security For Judgment
• Attachment Before Judgment
• Foreign Company Assets
• Jurisdictional Challenges
• Interlocutory Relief
• Security-for-judgment

African Gold Refinery v Enough Project & Another

African Gold Refinery v Enough Project & Another (MISCELLANEOUS APPLICATION NO. 93 OF 2019) [2020] UGHCCD 201 (28 September 2020)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS APPLICATION NO. 93 OF 2019

Judge

Musa Ssekaana, J

The court held that the grant of a temporary injunction in defamation cases is an extraordinary remedy to be exercised with great caution and only in the clearest of cases. The applicant failed to demonstrate that the statements were unarguably defamatory and that no defence could apply, especially as the respondents provided evidence of truth and justification. Furthermore, the court found that it lacked practical jurisdiction to enforce an injunction against respondents domiciled in the United States, given the absence of reciprocal enforcement mechanisms and statutory bars under US law. Th…

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• Temporary Injunctions
• Defamation
• Interlocutory Relief
• Freedom Of Expression

Kitata v Uganda (Misc. Application No. 43 of 2018)

Kitata v Uganda (Misc. Application No. 43 of 2018) [2018] UGHCCRD 130 (6 June 2018)

Court

HC: Criminal Division (Uganda)

Case number

Misc. Application No. 43 of 2018

Judge

Kwesiga, J

The High Court struck out a bail application by Haji Abdalla Kitata as incompetent, holding that the General Court Martial was the proper forum while the trial was pending there.

• Bail Application
• Jurisdiction Of General Court Martial
• Interlocutory Relief
• Bail-application
• General-court-martial
• High-court-jurisdiction

Florence Kemitungo v Yolamu Katuramu

Florence Kemitungo v Yolamu Katuramu (Civil Suit No. DR. MFP 6 of 1991) [1991] UGHC 15 (30 July 1991)

Court

High Court of Uganda

Case number

Civil Suit No. DR. MFP 6 of 1991

The court found that the applicant, as the widow of the late David Kiiza, had established a prima facie case for the grant of a temporary injunction. The respondent did not file an affidavit to dispute the applicant's status as widow or her interest in the estate. The court held that under the Succession Act, the applicant is entitled to letters of administration and thus has a sufficient legal interest to seek protection of the estate. The evidence showed that the estate was being depleted and that the applicant and the deceased's children were not being provided for. The court concluded tha…

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• Temporary Injunctions
• Administration Of Estates
• Succession Rights
• Interlocutory Relief